Category: General

Combating Disability Fraud

The Social Security Administration, its Office of the Inspector General (OIG), and the Michigan Department of Human Services recently announced a new Cooperative Disability Investigations (CDI) Unit in Detroit. As part of the nationwide CDI Program, the Detroit Unit will identify and prevent Social Security disability fraud throughout the State of Michigan.

Federal Income Tax and SSDI Benefits  

Social Security beneficiaries may have questions about whether their retroactive benefits and/or their ongoing monthly benefits are taxable.  This article provides general federal income tax information for SSDI benefits.  The information provided in this article should not be used as the basis for specific tax questions.

 

When an individual receives SSDI retroactive benefits and/or ongoing SSDI monthly benefits, SSA is required to send a 1099 form by February 1 of the following year, specifying how much of the Social Security benefit received in the retroactive payment was really a payment for a prior year (or years).  If a fee for an attorney was paid, the 1099 form will list the amount of  the  attorney fee paid.  http://www.irs.gov/pub/irs-pdf/p915.pdf.  The taxpayer should double check all numbers on the 1099 form with his or her Notice of Award.

 

It is a myth that up to 85% of SSDI benefits are taxable.   The 85% figure only applies under certain circumstances.  See IRS Publication 915 (2013), “Social Security and Equivalent Railroad Retirement Benefits.”  If SSDI is the only income in the household, it is unlikely that the SSDI will be taxed for a single person household.  If there is a combination of “substantial” wages and/or other income, the non SSDI may be taxable and a portion of the SSDI may be taxed as though it was additional earned income.

 

The calculations in determining taxable amount are often tricky for non-accountants. It is recommended that the recipient of SSDI benefits hire a tax professional.  The investment in hiring a tax professional may pay for itself in tax savings or in the prevention of emotional and financial complications arising from an IRS audit.

 

There are several resources that are available concerning the tax implications and SSDI. A few of the resources are:

 

Benefit Planner: Income Taxes and Your Social Security Benefits

http://www.ssa.gov/planners/taxes.htm

 

Social Security: Calculation and History of Taxing Benefits

http://www.fas.org/sgp/crs/misc/RL32552.pdf.

 

Worksheets

http://ww.irs.gov/pub/irs-pdf/p915

 

Common Abbreviated Terms Used by the Social Security Administration

COMMON ABBREVIATED TERMS USED BY THE SOCIAL SECURITY ADMINISTRATION:  The Social Security Administration (SSA) uses many abbreviations and acronyms when SSA processes a disability or SSI claim for benefits.

 

AC                  Appeals Council

AG                  Attorney General

ACE                Average Currant Earnings

ALJ                 Administrative Law Judge

AOD                Alleged Onset Date

ATTY              Attorney

 

CE                   Consultative Exam

CDB                Child Disability Benefit

 

DAA               Drug addiction and/or Alcoholism

DDS                Disability Determination Service

DHHS             Department of Health and Human Services

DHS                Department of Human Service

DI                    Disability Insurance

DIB                 Disability Insurance Benefit

DO                  District Office

DOE                Date of Entitlement

DOT                Dictionary of Occupational Titles

 

EPE                 Eligible Period of Entitlement

ER                   Earnings Record

 

FCE                 Functional Capacity Exam

 

GAF                Global Assessment Function

 

HM                  Hearing Monitor

HO                  Hearing Office

 

IME                 Independent Medical Exam

 

LDI                  Last Date Insured

LDW                Last Day Worked

LO                   Local Office

 

MDI                Medically Determinable Impairment

ME                  Medical Expert

MRFC             Mental Residual Functional Capacity

 

 

 

NOA               Notice of Award

NOH               Notice of Hearing

 

ODAR                        Office of Disability Adjudication and Review

 

PIA                 Primary Insurance Amount

PRW                Past Relevant Work

 

RC ALJ            Regional Chief Administrative Law Judge

RFC                 Residual Functional Capacity

RSDI                Retirement Survivors and Disability Insurance

 

SDM               Single Decision Maker

SGA                Substantial Gainful Activity

SSA                 Social Security Administration

SSDI               Social Security Disability Insurance

SSN                 Social Security Number

 

TTW                Ticket To Work

TWP                Trial Work Period

 

UWA             Unsuccessful Work Attempt

 

VE                   Vocational Expert

VR                  Vocational Rehabilitation

VTC                Video Teleconference

 

WE                  Wage Earner

 

 

When Your Social Security Disability Application Is Filed

Once the applicant files the initial application and other required documents for Social Security Disability Insurance (SSDI) and/or Supplemental Security Insurance (SSI) with the Social Security Administration, (SSA), SSA will refer to the application as a “Claim” and the applicant as the “Claimant”.  SSA will schedule a telephone conference with the Claimant to review the information provided in the Claim.  If an attorney/representative is assisting the Claimant at the initial application stage, the conference between the Claimant and SSA usually occurs without the attorney/representative.

 

After the Claimant’s telephone conference with SSA, SSA will request the Claimant’s medical records.  SSA will send the Claimant’s file and medical records to the Disability Determining Service (DDS).  DDS will conduct a medical review of the Claim and determine eligibility.

 

We provide this information as a public service. The information provided in this material is of a general nature.  All claims for social security disability benefits have unique facts.  For specific questions about your claim, you should consult with the Social Security Administration or your representative.

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Making a Claim for Disability and/or SSI Benefits

To apply for disability benefits or SSI benefits, an application for both programs needs to be filed with the Social Security Administration (SSA).

SSA encourages people to file an application on-line through SSA’s webpage, ssa.gov. If the application is filed on-line, the applicant will need to submit to SSA signed medical authorizations and several forms. SSA’s on-line directions will provide the applicant directions on what forms and authorizations the applicant needs to print/complete and send to SSA. After the applicant completes and submits the on-line application, the applicant should print the verification page in the event there is a question as to when the applicant filed the application.

Filing an application can also be done by calling SSA. If a person applies by telephone, SSA will send to the applicant a number of forms to be completed and returned to SSA.

Failure to submit to SSA all required completed forms will prolong SSA making a decision on the claim or result in a denial. Given the importance of winning at the initial application level, it is recommended that the person filing for either SSI or SDI disability benefits consider retaining a qualified attorney/representative.

We provide this information as a public service. The information provided in this material is of a general nature. All claims for social security disability benefits have unique facts. For specific questions about your claim, you should consult with the Social Security Administration or your representative.